Balancing Justice in Pixels: Legal and Constitutional Implications of Virtual Court Sessions in Ghana
Sampson Anomah 
& Enoch Kwabena Amoah
Issue: Vol.5 No.3 Issue Article 10 pp.271-283
DOI: https://doi.org/10.38159/ehass.20245310 | Published online 15th March, 2024
© 2024 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
The legal sector is experiencing a transformative shift towards the adoption of virtual court sessions to enhance efficiency, accessibility, and transparency within judicial systems. However, this paradigm shift is not without its challenges. This research examined the implementation of virtual court sessions in Ghana, focusing on the legal and constitutional implications of the Practice Direction issued by the Chief Justice. While digitalization of court proceedings holds promise, concerns regarding privacy, technological disparities, and the preservation of due process rights loom large. The research drew on a recent case of Law to affirm that administrative/practice directives fall outside the purview of Laws of Ghana. The study employed the Innovation Diffusion Theory as the lens for analyzing and proposing a solution framework to sustain virtual court systems in Ghana. The findings of the study included the implementation strategy incompatibility of virtual court hearing with the existing legal framework for observing due process and the fundamental rights of citizens. The solutions require a balanced approach that acknowledges the strengths of both the traditional court system and technology. To sustain virtual court hearing, strategies for addressing implementation and legitimacy concerns, enhancing the compatibility of virtual court technology security with existing legal framework and practices, and ensuring long-term adherence to constitutional requirements should be paramount. Substantive law and regulation including relevant constitutional amendments may be necessary to ensure smooth implementation.
Keywords: e-Justice system, Implementation, Virtual Court Sessions, Practice Direction, Due Process, Proceedings, Ghana.
A. Cases
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- Association of Finance Houses vs. Bank of Ghana and Attorney General [2021] DLSC10757.
- Attorney-General No.2 vs. Tsatsu Tsikata (No.2) (2001 – 2002) SCGLR 620
B. Law and Statutes
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- The 1992 Constitution of Ghana.
- The High Court Civil Procedure Rules 2004 – CI 47.
- The High Court (Civil Procedure) (Amendment) Rules, 2014 (C.I. 87).
- The Courts Act 1993, Act 459.
- Virtual Court Sessions, Practice Direction PD/CC/RCH/01/2023, (2023).
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Sampson Anomah (PhD, FCCA) is a Senior Lecturer at the Department of Accountancy & Accounting Information Systems in Kumasi Technical University, Ghana. He is currently enrolled as Professional Law Student at the Ghana School of Law, having obtained his LLB from the University of London. He holds a Ph.D. in Information Systems (Auditing) from the University of Cape Town, South Africa and he is a Fellow of the Association of Certified Chartered Accountants (ACCA). His does research in Accounting Information Systems, Auditing and, generally, interested in the progress systems through the modernization and improvements of things through technology.
Enoch Kwabena Amoah Esq. is an Assistant Lecturer at the Faculty of Law of Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. He holds a degree in BSc. Biochemistry, LLB, Master of Laws degree and is also a Barrister and Solicitor in the Republic of Ghana. He is an associate of Minkah Premo, Osei-Bonsu, Bruce-Cathline & Partners of Kumasi, Ghana and a Chief of Akwakrom in the Central Region of Ghana with the stool name Nana Akwa III.
Anomah,Sampson & Enoch Kwabena, Amoah.“Balancing Justice in Pixels: Legal and Constitutional Implications of Virtual Court Sessions in Ghana,” E-Journal of Humanities, Arts and Social Sciences 5, no.3 (2024): 271-283. https://doi.org/10.38159/ehass.20245310
© 2024 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
